Defendant pleads not guilty in baseball bat assault case
TORRINGTON – The Goshen County District Court (GCDC) came into session at approximately 2:30 p.m. Tuesday afternoon with Judge Ed Buchanan presiding.
The GCDC met for the arraignment hearing of Fabian Martinez, for the alleged assault of Torrington man, Juan DeLeon, on June 11, 2023.
Representing the state’s prosecution was Goshen attorney Colby Sturgeon, while Goshen Public Defender Dave MacDonald was present in representing Martinez.
Judge Buchanan opened the hearing by reviewing the rights of the defendant, as well as the current state charges against Martinez.
“The state alleges Conspiracy to Commit Aggravated Battery, and Conspiracy,” Buchanan stated. “This is defined by statute as an agreement by one or more persons to commit a crime. Specifically in this case, the allegation is that on June 11, of 2023, you did agree with one or more persons to commit aggravated battery, and you did allegedly attempt to cause bodily injury to another with a deadly weapon.”
Buchanan was specifically remindful to the GCDC what had purportedly transpired between the defendant, and the alleged victim back in June, as well as state specific penalties for aggravated battery and conspiracy.
“You did allegedly agree with others to strike Juan DeLeon in the head and right elbow, all of which caused Mr. DeLeon to suffer pain and injury. That is a felony punishable by up to 10 years in prison, a $10,000 fine or both. You have the right to plead guilty, not guilty, or not guilty by mental illness. You have the right to a speedy trial within 180 days. You are presumed to be innocent of all wrongdoing. The state must prove your guilt beyond a reasonable doubt. In other words, you don’t have to prove anything, as the burden rests purely on the state of Wyoming. You do not have to present evidence, but can if there are witnesses you thought had possession of evidence. You can use the subpoena power of the Court, and you have the right to remain silent. This means you do not have to testify so long as you maintain a plea of not guilty. You need to know that if you do testify, you would be subject to cross examination by the state of Wyoming. In other words, you would be treated like any other witness. If you were convicted, you would have the right to appeal.”
After Judge Buchanan finished reviewing the rights of the defendant, Martinez and MacDonald were then asked what plea Martinez wished to enter before the court.
MacDonald replied, “He will be pleading not guilty Your Honor.”
Buchanan spoke in the direction of Martinez who is presently out on bond. Buchanan reiterated that the defendant, with the assistance of his legal representation, will be required to draft a criminal course management date, and moving forward would have to stay in contact with his attorney so that all court deadlines can be met.
The GCDC stood in recess at approximately 2:45 p.m.